CHANGES IN SCHOOL UTILIZATION:

NAVIGATING DOE PROCESS,

POLICY, AND PUBLIC INFORMATION
Making our way through Public Announcements, Educational Impact
Statements, Public Hearings, and the PEP

Prepared by: Julie Cavanagh, CAPE, GEM

Access Information, Advocate and Take Action

Public Process for Hearings and Educational Impact statements
The Panel for Educational Policy

… The PEP is comprised of 13 appointed

voting members and the Chancellor.

¾ Five are appointed by Borough Presidents,

eight are appointed by the Mayor. Two must
be public school parents.
Locating The Panel for Educational Policy:
www.schools.nyc.gov
 Changes in School Utilization:
The Process
… Mayoral Control Laws require a new
process to take place regarding all
changes in school utilization as per
&KDQFHOORU¶VRegulation A190.

… http://docs.nycenet.edu/docushare/dsweb/
Get/Document-341/A-
190%20%20.FINAL.pdf
&KDQFHOORU¶V5HJXODWLRQ$-190
Change in Utilization Process:
¾ Release of a Public Notice
¾ Any action to make a change in school
utilization must be done six months prior to
proposed change.
¾ Release of an Educational Impact Statement
(EIS)
¾ 45 day Public Review and Comment Period
¾ Public Hearing
¾ Public posting and analysis of public comments
¾ PEP Meeting Vote
 Locating Change in Utilization
Information: Click Public Notice
Locating Information: Click Date of PEP
Vote/ Appropriate Public Comment Period
Locating Information: Click Proposals for
Significant Changes to School Utilization
Locating Information: Find Your School of
Interest
 Public Notice and 45 Day
Comment Period
… A 45 day public notice and comment period must
include:

¾ A public notice
¾ Public email and phone number
‰ Public comments must be analyzed and posted
publicly within 24 hours of the PEP vote
Public Notice Information
 Educational Impact Statement
(EIS)
… The EIS must be released no less than 30 days
prior to the PEP vote.
… The EIS was designed to provide the public with
a summary of proposed changes in school
utilization, as well as applicable data including
enrollment, admissions and school performance.
In addition, the EIS must explain the impact of
the proposal on the community, school,
instruction and finances. Finally, building
information must be included.
Educational Impact Statement
 Public Hearing
¾ Public hearings are held at the affected school.

¾ The public may sign up to speak 30 minutes prior to the meeting . All
who sign up to speak must be heard. Speakers are limited to two
minutes.

¾ The CEC and SLT must co-chair the hearing and be included in the
design of the hearing. A designee of the Chancellor must be present.

¾ All affected schools in the building must be included in the process.

¾ Familiarize yourself with A190 to be sure all proper procedures

regarding the public hearing and notice are adhered to.
 Panel for Educational Policy (PEP)
Meeting and Vote
… PEP meetings must be held at a time and
location to maximize participation from the
public.
… 7 votes are required to approve a proposal.
… The public is permitted to sign up to speak for
two minutes and the list must be open 30
minutes prior to the meeting.
… Panel members vote on proposals after hearing
comments from the public. PEP members are
entitled to speak to each proposal before each
vote.
 Stages of Advocacy:

Educate Yourself
‰

‰Organize

‰Mobilize
Steps for Advocacy: Education
… Be sure all information posted is accurate
including public comment email and phone
number, hearing location, and document
formats.

… Analyze the EIS for: proper headings and

format, data calculations, accurate information,
and quality of impact statement.
 Steps for Advocacy: Education
… Research. For information regarding specific schools visit:

… Public Schools: www.schools.nyc.govFOLFNRQ³)LQGD

6FKRRO´RQWKHKRPHSDJH

… Charter Schools: www.schools.nyc.gov, click on:

1. Offices and Programs
2. Portfolio Development, Office of
3. Charter Schools
4. Accountability
Locating Public School Information:
Locating Public School Information:
Locating Charter School Information:
Locating Charter School Information:
Locating Charter School Information:
Locating Charter School Information:
Locating Charter School Information:
Steps for Advocacy: Education

… Communicate with the VFKRRO¶V&(&

(Community Education Council) regarding the
EIS and public hearing.
 Advocacy, Education Law, and
the CEC:
… Resolution: Your CEC can draft a resolution
regarding the change in utilization affecting your
school.
… Sample portion from CEC 15 regarding a co-
ORFDWLRQ³Both DOE and PAVE solemnly assured PS 15
parents and the Red Hook community (at a public hearing held at
PS 15, before PAVE formally took residence within PS 15) that
PAVE would obtain separate quarters apart from PS 15 at the end
RIWKDWWZR\HDUSHULRG«7KHODZVUHQHZLQJ0D\RUDOFRQWURORI
New York City public schools were renewed in the summer of 2009,
the Legislature added subdivision two-a of section 2590-h of the
(GXFDWLRQ/DZ«&KDQFHOORU
V5HJXODWLRQ$-190 (purporting to
implement said changes in the Education Law - hereinafter "CR A-
´«´
 Advocacy, Education Law, and the
CEC:
… Conduct of Public Hearing: The CEC and the SLT should be
included in the negotiations of the format of a public hearing. Here
is a sample from CEC 15 regarding a co-location at PS 15:
³First, the District Sup't will detail the Educational Impact
Statement. Next, the CEC members will be given thirty minutes to
ask questions of the DOE representatives present (which WILL
include senior staff from the Office of Portfolio Development) for
thirty minutes. Next, PS 15 SLT members will be given fifteen
PLQXWHVWRRIIHUVWDWHPHQWVDQGRUDVNTXHVWLRQV« DOE staff have
assured me that it is their intention to keep their answers brief so as
WRDOORZIRUWKHPD[LPXPIHDVLEOHQXPEHURITXHVWLRQV«VWDUWLQJDW
7:00 p.m., there will be public comments by those who signed up to
speak. Sign-up will begin at 5:30 p.m. and will close at 6:30
p.m. There will be two lines and sign-up will be on numbered
sheets. It is our intention to call speakers in order from alternating
RGGDQGHYHQVKHHWV«´
 Steps for Advocacy: Organization

… Document any errors or inconsistencies in the

proposal process.
… Asses the Impact of the Change in School
Utilization.
… Draft a response to the EIS

… Draft letters to elected officials and policy

makers seeking support.
… Connect parents and teachers; create spaces
for dialogue and community outreach.
… Draft flyers and posters
 Steps for Advocacy: Mobilization
¾ Send letters to policy makers.
¾ Create petitions and form letters and canvas
community.
¾ Hold community meetings.
¾ 5HDFKRXWWRIDPLOLHVRXWVLGHRIWKHVFKRRO¶V
geographic community.
¾ Notify the media
¾ Create a community newsletter and/or blog
¾ Canvas the community with public contact
information
¾ Create and send documents and presentations to
policy makers
¾ Plan rallies/marches/demonstrations/pickets
 For more information or assistance
with advocacy contact:
… Local Community Education Council- How to locate your CEC:
http://schools.nyc.gov/NR/rdonlyres/6C61EE70-FDF7-4CD2-9BCF-
AF7EEDA98181/70912/110509_CopyofCopyof109fOFFICEINFO_CECWebsite5091.pd
‰ 0D\RU%ORRPEHUJ¶VHPDLO mbloomberg@cityhall.nyc.gov
… &KDQFHOORU.OHLQ¶VHPDLO jklein@schools.nyc.gov
… NY State Education Commissioner David Steiner: dsteiner@mail.nysed.gov
… Senator John Sampson, Head of the Senate: sampson@senate.state.ny.us
Brooklyn Office: 718-649-7653 or Albany Office: 518-455-2788
… Speaker of the State Assembly Sheldon Silver: speaker@assembly.state.ny.us
518-455-3791 or 212-312-1420
… Assembly member Cathy Nolan, Chair of the Education Committee:
nolanc@assembly.state.ny.us
518-455-4851 or 718-456-9492.
… City Council Speaker Christine Quinn:
http://www.nyccouncil.info/rightnow/contactspkr.cfm
212- 564-7757 or 212- 788-7210
 For more information or for
assistance with advocacy contact:
… Find your elected officials
Go to: http://www.lwvnyc.org/TRY_find.html
‰ Parent rights:
www.nycenet.edu/Parents/NewsInformation/BillofRights.htm
… Find your City Council member:
www.nyccouncil.info/constituent/index.cfm
‰ Class Size Matters: www.classsizematters.org
‰ NYC Parents Blog: http://nycpublicschoolparents.blogspot.com
‰ Education Notes Blog: www.ednotesonline.blogspot.com
‰ CAPE, Concerned Advocates for Public Education:
www.capeducation.blogpot.com
‰ GEM, Grassroots Education Movement: www.gemnyc.blogspot.com
Panel for Education Policy
Members Contact Information:
… "Patrick Sullivan"<patk.j.sullivan@gmail.com>,"Anna
Santos" <asantos104@hotmail.com>, "Joan Correale"
<SIPEPREP@aol.com>, "Dmytro Fedkowskyj"
<pepofqueens@yahoo.com>, "Gbubemi Okotieuro"
<okotieuro@mec.cuny.edu>, "Gitte Peng"
<gittepeng@yahoo.com>, "Nieves Lisette"
<LNieves10@schools.nyc.gov>, "Linda Lausell Bryant"
<llbryant.pep@gmail.com>, "Chang David C."
<chang@poly.edu>, "Philip Berry"
<philip@philipberryassociates.com>, "Joe Chan"
<jchan@dbpartnership.org>, "Tomas Morales"
<tomas.morales@csi.cuny.edu>, "Tino Hernandez"
<thernandez@samvill.org>
…